This book takes a critical view of the policy and law governing EU marine fisheries and the effect of the 2013 reform of the Common Fisheries Policy (CFP). Reforms to the CFP are impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of Justice’s creation of principles unique to the sector. The author discusses how damaging effects of fishing could be ameliorated if the Court were to align fisheries principles with general principles of law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.
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Chapter 9: Alternative solutions
This chapter considers the problem of externalities in EU marine fisheries where the EU has instituted a system that supports an industry that is functioning with no requirement to internalise its costs. The issue has not been addressed under the CFP reform and has not even been raised in the vast literature underpinning the regulation of the sector. A new approach to fisheries sustainability is suggested, whereby the responsibility for the state of the resource is transferred to operators. It is proposed that regulation of fisheries builds on the experience of the regulation of the water and waste industries by employing user-pays MBIs. The establishment of a fund is suggested in order to transfer the responsibility for the sustainability of the fish resource from the regulator to the industry and the costs of overexploitation from the public to the industry. If this were to be done, complex regulation of the sector would no longer be required, freeing the regulator to execute its proper function of controlling the industry.
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